In Re Testamentary Trust Created in Last Will & Testament of Shurtz

This is a controversy between a trustee and, apparently, his sister who receive the income from the trust, on one side, and two .owners of remainder interests (one sixth to each) as to whether certain expenditures of the trustee are chargeable to principal, as the trustee maintains, or to income, as the remaindermen contend. The trial court prorated most of the expenditures between principal and income. Both trustee and remaindermen have appealed.

The trust consists of some $45,000 in property and money and is to be administered until the death of testator’s widow with the net income divided…